Litigation & Court Proceedings

The area of Wills, Trusts, Estates, and Fiduciary Law can involve many different types of litigations and court proceedings. Court proceedings may be brought to contest an estate planning document after its creator has passed away (for example, Will or Trust Contest Actions, or Undue Influence Actions). A court proceeding must be filed in order to obtain a guardianship or conservatorship over an incapacitated adult. A fiduciary may file a variety of actions, such as to obtain authority to act or to obtain direction on how to proceed where there is uncertainty (for example, Petitions to Obtain Power of Sale, Petitions for Aid and Direction). Finally, a beneficiary, heir, or interested person may file actions for Breach of Fiduciary Duty, to obtain information, or to remove a fiduciary, where a fiduciary is not complying with his or her obligations.

If you are a fiduciary, it is important for you to understand what court proceedings you have discretion to bring in order to protect yourself from personal liability. You may also need assistance defending against court proceedings alleging Breach of Fiduciary or seeking to remove you as a fiduciary. If you are part of a supervised estate administration, you may also need legal assistance engaging with the supervising authority (such as the Commissioner of Accounts or Probate Court) to explain and defend your administration and prevent your removal. Lucey Law, PLLC can advise regarding, and assist with, all of these proceeding types, in order to help protect you from personal liability.

If you are a beneficiary or heir, you may need legal assistance to file a Will or Trust Contest Action, a Breach of Fiduciary Duty Action, or a Petition or Action to Remove a fiduciary, in order to protect your interests. If you are an interested person, you may need legal assistance to file an action to investigate the conduct of an Agent under a Power of Attorney and potentially file a Breach of Fiduciary Duty Action. Lucey Law, PLLC can assist with all of these proceedings, in order to protect the interests of you and your loved ones.

If you are a creditor of a Trust or Estate, then you need to act promptly to preserve and collect your debt, taking advantage of any processes capable of expediting and preserving your claim. Lucey Law, PLLC can navigate your through this process and help preserve and collect on your claim.

Regardless of your relationship to a fiduciary administration, if a litigation or court proceeding has been filed and you are named as a party to the action, it is important to obtain legal advice as to how the proceeding will impact your rights and interests and what you need to do to protect them.

Lucey Law, PLLC and its counsel have years of litigation experience, including in the specialized area of Wills, Trusts, Estates, and Fiduciary Law. Whether you are a fiduciary, beneficiary, heir, creditor, or interested party, the firm and its counsel can provide knowledgeable advice and diligently advocate for you in order to protect your interests.